Biofuel Producers ‘Must Comply with Carbon Emissions Rules’

The US Court of Appeals for the District of Columbia Circuit found the EPA had “no basis” for its 2011 rule giving paper and wood product manufacturers, ethanol producers and other biomass facilities a pass on curbing their GHGs.

The EPA had put the three-year deferral in place to give it time to study the industry’s CO2 emissions. Industry groups argued regulations and permit requirements would be too costly and said in some cases, such as wood burning, biomass facilities are carbon neutral because trees absorb CO2 before they are cut down.

The Center for Biological Diversity filed the suit against the EPA, arguing that the government was treating biofuels’ emissions differently from other sources of gas.

The American Forest and Paper Association, the American Wood Council and other industry groups intervened in the case to support the EPA’s temporary CO2 regulation suspension.

On Friday, American Forest & Paper Association president and CEO Donna Harman said the court’s ruling “creates great uncertainty” about permitting requirements for biomass facilities and “underscores the need for EPA to finalize its rulemaking on the treatment of biogenic emissions.” American Wood Council president and CEO Robert Glowinski said the trade group hopes the EPA “moves expeditiously” to finalize CO2 regulations for the biomass industry.

“The US Court of Appeals for the District of Columbia Circuit found the EPA had “no basis” for its 2011 rule giving paper and wood product manufacturers, ethanol producers and other biomass facilities a pass on curbing their GHGs.”

Well, of course they had a basis for excluding biofuels producers; they’re trying to support the industry which is why they gave them a free pass on the emissions testing. Anyone can see that.